Answer to Question 1
Answer: Employers can start before the applicant even applies by creating recruitment materials that emphasize ethics. Use tools such as honesty tests and background checks to screen out undesirables. Ask behavioral questions such as, Have you ever observed someone stretching the rules at work? What did you do about it?
Answer to Question 2
Answer: The ECPA is a federal law intended to help restrict interception and monitoring of oral and wire communications. It contains two exceptions. The business purpose exception permits employers to monitor communications if they can show a legitimate business reason for doing so. The second, consent exception, lets employers monitor communications if they have their employees' consent to do so. Organizations can use these exceptions but need to carefully monitor their monitoring behaviors to make sure they do not go beyond these exceptions into illegal behavior.
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Good ethical judgment comes from both learning and experience.